6 Methods of Proving Fault in a Car Accident in Missouri

Posted 2 years ago in CARS & VEHICLES.

Hire a seasoned car accident lawyer if you sustain injuries following the other driver's negligence.

6 Methods of Proving Fault in a Car Accident in Missouri

Every car accident has a party that is liable for causing it. Establishing fault following a car accident entails identifying the at-fault driver who is held responsible for damages or even the death of a victim. Below is a list of ways of proving liability following a car accident in Missouri.

1.Evidence Involved

Evidence is essential for filing a lawsuit or an insurance claim following a car accident. Victims require adequate documentation with the help of a Missouri car accident lawyer from BruningLegal.com to support their claims for damages and injuries. Below is a list of evidence crucial in determining fault following a car accident.

2.Forensic Analysis

A forensic analyst plays an integral role in collecting evidence following a complicated accident that involves multiple vehicles. A forensic expert examines police reports, photographic evidence, medical records, and eyewitness accounts. These records are essential as they enable the specialist to decipher the speed and the likely path of the cars where the crash occurred.

3.Property Damage

The insurer and the police may assess car damage to help determine fault. The rear of a car may get damaged after the vehicle gets rammed from behind. In this case, proving the negligence of the driver behind is more straightforward, provided there are videos and pictures of damaged cars after an accident. Evidence obtained in this manner helps determine the negligent driver, who will then pay the victim for damages.

4.Police Report

Police officers respond to the accident scene after a crash to fill out a report of the occurrence. They are required by law to interview witnesses, passengers, and drivers about the incident through multiple questions to picture the sequence of events that caused the wreck. After gathering the information, the police officer at the accident scene submits the report containing a statement of the at-fault driver based on professional judgment.

A police officer who responds after a crash may issue a traffic citation that accuses the at-fault driver of violating traffic laws, including an unlawful turn or exceeding the required speed limit. After issuance of the citation, a deduction of points or a fine follow to hold the at-fault driver responsible for the mistake. A traffic citation sometimes requires a driver to appear in court to answer questions if found negligent.

5.Courts

Most victims file a lawsuit after a motor vehicle accident to recover money for damages and injuries sustained. After filing a lawsuit, the court will determine the at-fault party based on the evidence tabled by the police report. The court considers arguments from lawyers representing the parties involved as well as testimony from police officers, witnesses, drivers, and experts, including Missouri accident reconstructionists and doctors.

A jury responsible for the case determines the negligent party, who must compensate the victim for injuries, depending on the evidence. It's crucial to understand that fault determination by insurance companies and police reports don't have total control over the result of a court case. Most states, including Missouri, prevent the introduction of additional evidence during the trial. As such, it is considered hearsay.

6.Insurance Companies

Motor vehicle accident victims must file a claim with their insurance companies after an accident. Once the process is complete, the insurance company will assign an adjuster to handle the claim. Adjusters in Missouri oversee the claim settlement and the accident investigation process. An adjuster is also tasked with assessing medical reports, researching the accident, examining the vehicle damage, speaking with witnesses, and verifying details regarding insurance policies.

Adjusters determine the at-fault driver by assigning each driver a percentage of fault. Drivers who are found to possess less than 51% fault recoup losses from the negligent driver. Most insurance companies establish fault depending on the state’s legal definition of negligence. For instance, drivers who run a red light are considered negligent compared to those who drive at a green light.

Lawsuits involving car accidents are overwhelming at times. Dealing with the possibility of a suit, insurance companies, and the police can be difficult. Hire a seasoned car accident lawyer if you sustain injuries following the other driver's negligence.

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Jessica Adison

Living in United Kingdom

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